In Rem
A Dictionary of Law · Henry Campbell Black · 1891
A Dictionary of Law
A technical term used to designate proceedings or actions instituted against the thing, in contradistinction to personal actions, which are said to be in pe7sonam. Sea In Personam. It is true that, in a strict sense, a proceeding in rem is one taken directly against property, and has for its object the disposition of property, without reference to the title of individual claimants, but, in a larger and more general sense, the terms are applied to actions between parties, where the direct object is to reach and dispose of property owned by them, or of some interest therein. Such are cases commenced by attachment against the property of debtors, or instituted to partition real estate, foreclose a mortgage, orenforce alien. So far as they affect property in this state, they are substantially proceedings in rem in the broader sense which we have mentioned.
95 U.S. 734.
In rem actio est per quam rem nostram que ab alio possidetur petimus, et semper adversus eum est qui rem possidet. The action in rem is that by which we seek our property which is possessed by another, and is always against him who possesses the property.
Dig. 44, 7, 25; Braet. fol. 102.